Alameda County District Attorney Nancy O’Malley announced Monday her office would be reopening its investigation into the controversial shooting death of Oscar Grant at the hands of BART Police.
Grant was killed at Oakland's Fruitvale BART station on New Year’s Day in 2009.
"I have assigned a team of lawyers to look back into the circumstances that caused the death of Oscar Grant," O’Malley said in a statement. "We will evaluate the evidence and the law, including the applicable law at the time and the statute of limitations and make a determination."
Grant was fatally shot by former BART police officer Johannes Mehserle, who claimed he was reaching for his taser when he shot Grant. Mehserle was charged with murder and was later found guilty of involuntary manslaughter.
He served 11 months before being released.
At the time, investigators had looked into the actions of two other officers leading up to the shooting. One was fired, while the second returned to duty. Neither was charged.
Widespread protests over the incident forced officials to move the trial to Los Angeles.
"We have listened closely to the requests of the family of Oscar Grant," O’Malley said. "The murder of Oscar Grant greatly impacted the county and the state. My Office conducted the intensive investigation that led to the prosecution of BART Officer Johannes Mehserle for the crime of Murder. The trial occurred in Los Angeles due to a change of venue ordered by the court on the motion of the defense. Unfortunately, the Los Angeles jury only found Officer Mehserle guilty of Involuntary Manslaughter."
Grant’s family held a press conference at the Fruitvale BART station earlier Monday, referencing the national uproar over the killing of George Floyd in Minneapolis.
A release from the family read: "(Minneapolis Police Officer Derek) Chauvin used the same technique on Floyd that was used on Oscar Grant just minutes before he was shot to death by BART Officer Johannes Mehserle."
"Oscar’s last words were 'I can’t breathe,'" Grant’s uncle, Bobby Johnson, told reporters Monday afternoon. "Anthony Pirone, the BART officer who created a climate of violence, pinned Oscar down with his knee on his neck, with his hands on his face, pushing 250 pounds of his weight, fracturing the bones of Oscar’s face."
Johnson also alleged Peroni’s actions led Mehserle to shoot and kill Grant.
BART confirmed to KCBS Radio that they spoke earlier Monday with Grant's mother, Wanda Johnson, about "advancing progressive policing reforms."